Terry Nathan Norman - Page 12

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               representation or pretense, defraud any other person of                
               money, labor or real or personal property * * * is                     
               guilty of theft.  [Cal. Penal Code sec. 484(a) (West                   
               2001).]                                                                
          In California, the crime of theft also includes theft by                    
          embezzlement.  People v. Creath, 37 Cal. Rptr. 2d 336, 339 (Ct.             
          App. 1995); People v. Krupnick, 332 P.2d 720, 722 (Cal. Ct. App.            
          1958).                                                                      
               A.  The Corporation’s Alleged Refusal To Communicate With              
          Petitioner and Its Alleged Disappearance in 1993                            
               Petitioner contends that from the inception of the                     
          partnership, the corporation refused to provide him with PTSI’s             
          financial information.  He also contends that sometime in or                
          about 1993, PTSI and the corporation “disappeared for over 10               
          years”, during which time he was unable to locate either company.           
               In August 1999, petitioner attempted to contact PTSI by                
          letter.  The agreement lists PTSI’s principal place of business             
          as an address in Glenview, Illinois (the Glenview address), “or             
          such other place or places as the General Partner may designate.”           
          Petitioner sent a certified letter to the Glenview address, but             
          the letter was returned to petitioner and marked “Unable to                 
          forward”.  The record does not describe the content of the                  
          letter.  Nor does the record indicate whether petitioner made               
          additional attempts to contact PTSI or the corporation before the           
          notice of deficiency was issued in November 2004.                           







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